The Legality of Interfaith Marriage The Perspective of Islamic Law and Law No. 16 of 2019 concerning Marriage Palmawati Tahir, Muhamad Muslih
Universitas Sultan Ageng Tirtayasa
Abstract
The introduction is in the form of a problem in this research, namely that the legality of interfaith marriages in Indonesia is still a polemic so that people who will carry out interfaith marriages and people who have entered into interfaith marriages choose the court as an institution that can legalize their marriage. Interfaith marriages in Yogyakarta have become increasingly common since the Yogyakarta District Court issued stipulation number 378/PDT.P/2022/PN which contains the granting of registration of interfaith marriages. Since then other interfaith couples started making the same request in the following months. Ali Said, when he was chairman of the Supreme Court, also believed that rather than allowing immorality, it is better to reduce it by giving approval to couples of different religions to marry. Many experts argue that marriage is a human right, so that everyone should be given the freedom to choose their partner, even if there are differences in nationality, race, ethnicity, origin, descent, and religion in order to get married. Permitted or not, marriage between followers of two different religions has occurred long ago and is ingrained to this day.
The research objective is to find out how marriages between adherents of different religions according to Islamic law and Law no. 16 of 2019 concerning Marriage and to find out how the solutions to interfaith marriages have occurred in the community.
The method used in this research is Normative Juridical law research method. This research is Analytical Descriptive in nature, using Primary and Secondary Data Sources. Source of data obtained from Library Research (Library Research). The data obtained through research and literature studies were analyzed to obtain clarity on the issues discussed.
The results of this study indicate that there are many differences in the judge^s arguments in adjudicating and deciding on the legality of interfaith marriages in three court institutions, namely the District
Keywords: Islamic family law- marriage- interfaith marriage
Topic: Law and Ethics in Terms of Islamic Perspective
